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U.S. and Canada Business Immigration Plans for Indian Investors and Founders

Choosing a route abroad is both a major family decision and a complex financial commitment. We help you and your attorney construct an airtight business plan and a comprehensive funds trail that withstands adjudicator review.

CRITICAL FACT: India is NOT an E-2 Treaty Country

India does not maintain an E-1/E-2 bilateral commerce treaty with the U.S. Indian passport holders are not eligible for the E-2 visa unless they hold a second citizenship from a recognized treaty country. Be cautious of any consultant claiming otherwise. Common valid pathways include EB-5, EB-2 NIW, L-1A, and Canada C-11.

Reserve Bank of India (RBI) Tracing

LRS-Aware Source of Funds from India

Indian investors transferring capital to the United States under the Liberalised Remittance Scheme (LRS) face strict annual limits per resident individual. Families frequently pool remittances across multiple members and financial years. We document each stage:

  • • Income Tax Returns (ITRs), Form 16, and Chartered Accountant (CA) certificates
  • • Property Sale Deeds, Circle Rate valuations, and capital gains tax payments
  • • Gift deeds between blood relatives with the donor's original lawful wealth trail
  • • Form A2 filings, SWIFT MT103 wire advices, and Tax Collected at Source (TCS) receipts
Key Visa Routes for Indian Nationals
EB-5 Immigrant Investor ($800k TEA / $1.05M standard) Direct green card with reserved set-aside quotas (Rural and High Unemployment) circumventing legacy backlogs.
EB-2 National Interest Waiver (NIW) For founders, technology researchers, and STEM executives establishing endeavors of U.S. national importance.
L-1A Intracompany Transferee For Indian IT, pharmaceutical, consulting, and manufacturing firms opening a U.S. subsidiary.
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VisaFinancials is not a law firm. Results depend on each case and government review.